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2010 Supreme(Guj) 105

JAYANT PATEL
Himmatlal Mohanlal Shah – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. A.D. Shah, for the Applicants No. 1 - 2.
Mr. K.P. Raval, APP, for the Respondent No. 1.
Mr. B.M. Mangukiya, for the Respondent No. 2.

Judgment

Jayant Patel, J.—The short facts of the case appears to be that Respondent No. 2 file complaint under Sections 193, 196, 463, 464, 465, 467, 468, 469, 471, 120(B) and 114 of IPC before the learned Judicial Magistrate being Complaint No. 21/2002 against the petitioners herein. The learned Magistrate at the initial stage, vide order dated 17.6.2002, directed for investigation under Section 156(3) of CrPC. The matter was sent to the concerned Police Station. The Police Officer investigated into the matter and ‘B’ Summary Report was submitted on 6.11.2002 by the concerned Police Sub-Inspector, Palitana Town Police Station, stating that it is a civil dispute, the matters are pending before the Civil Court and the offence is not committed and the complaint appears to be false. The learned Magistrate, thereafter, issued notice to the complainant and subsequently heard the complainant and passed the order on 19.8.2002, whereby he observed that the revenue record, on the basis of which the ‘B’ Summary Report has been filed, is having presumptive value and he found that on the basis of the material produced with the Investigation Report, cognizance deserves to be taken for the offenc
































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